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Home My WebLink About5920 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 14, 2006 ZB File No. 5920- MARY BUTZ Property Location: 2022 Hyatt Road, Southold CTM 50-1-21 RECEIVED OCT 1 9.2006 Seuthold Towq (ler~ SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 33,119 square foot parcel has 25 feet along a private right-of-way (Horton's lane) which extends 174 feet from Hyatt Road, and is improved with a single-family, two- story dwelling with detached accessory garage, shown on the site survey map prepared by Joseph A. Ingegno dated August 31, 1999, revised April 17, 2006. BASIS OF APPLICATION: Building Department's June 2, 2006 Notice of Disapproval, amended June 8, 2006, citing Section 100-33 in its denial of an application for a building permit to construct a proposed pergola at less than the code-required 40 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants originally requested proposed swimming pool as shown on the August 11, 2005 site map prepared by Fairweather-Brown Design Associates at 12.5 feet from the southerly front lot line, and 91+- feet from the top of the bluff. Rather than to submit a request for an additional variance under Section 100-239.4 (concerning the required 100 ft. minimum from the top of the bluff), the applicant, on August 25, 2005, filed an amended site map proposing the new pool greater than 100 feet from the top of the bluff (102'9"). The pool is also shown at 12 feet from the southerly front lot line and 11'1" from the easterly side property line, at its closest points. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the pergola will be located in a fairly isolated portion of the yard. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is limited area to locate the accessory pergola structure due to the topography of the property (steep contour at the north side and varying contours on a small upland area of the property), and the small upland area available for placement of an accessory structure. Page 2 - September 14, 2006 ZB File No. 5920- Mary Butz CTM 50-1-21 3. Although the applicant states that the pergola will provide screening from the sun while enjoying the swimming pool, the variance requested is substantial and is the maximum the Board will approve. It represents nearly 30% reduction of the required front yard setback and 4. The difficulty has been self-created in that the variance is related to the choice of the owner in an area that is restricted by the code for a minimum 40 ft. setback. The topography of the property creates limited possibilities to locate an accessory pool, and the code requires a minimum of 100 feet from the top of the bluff. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the maximum the Board would approve to enable the applicant to enjoy the benefit of a pergola, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the elevation diagram prepared by North Fork Permits date stamped by ZBA June 13, 2006, and site survey map prepared by Joseph A. Ingegno dated August 31, 1999, revised April 17, 2006. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer and Weisman. (Members Simon and Dinizio were absent.) This Resolution w~'~ adopted (3-0). Ruth D. Oliva, Chairwoman 10//~/06 Approved for Filing '3' / / / / / / SURVEY OF PROPERTY SITUA TED A T HORTON POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-50-01-21 SCALE 1"--30' AUGUST 31, 1999 OCTOBER 15, 2000 ADDED EXiSTINB GRADES ALONG EAST BIDE OF HOUSE APRIL 11, 2006 ADDED PROPOSED POOL APRIL 17, 2006 ADDED PP~OPOSED PERGOLA AREA = 33,119.00 sq. ff. (TO TEE LINE) 0.760 CERTIFIED TO: FIRST AMERICAN TITLE INSURANCE COMPANY OF' NEW AQUEBOGUE ABSTRACT CORP. MARY BUTZ DIANE RAVITCH ~NOTES. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS: DATUM YORK SOUND VIEW AVENUE Joseph A. Ingegno Land Surveyor 49668 PHONE (631)727-2090 Fax (631)727-1727 OFF~C£$ LOCATED ,Ar MAKING ADDRESS 322 ROANOKE AVENUE PO Box ~931 RIVERHEAB, New York 11901 Riverheod, New York 11901-0965 99-,~ Plan SCALE: I/4" = I'-0" Pounclabon Plan &CALE: I/4": I'-0" North Elevation SCALE: I/4" = I'-0" West Elevabon SCALE: I/4" = I'-0" PC FOUNDATION PIEP, Section SCALE: I/4": I '-0" d